I propose to take Questions Nos. 225 and 226 together.
Spiking is a crime that preys on vulnerability, that undermines consent and that can have devastating consequences for victims. As Minister I am committed to fostering a zero-tolerance approach to all forms of domestic, sexual, and gender-based violence (DSGBV).
The Programme for Government includes a commitment to introduce stronger laws to combat the spiking of drinks.
Spiking a person’s drink or spiking someone by injection are, in effect, poisoning, which is a criminal offence under the Non-Fatal Offences Against the Person Act 1997, that can result in a three-year prison term.
Depending on the nature of the substance that is administered, it may be possible to charge a perpetrator with endangerment under section 13 of the Non-Fatal Offences against the Person Act 1997. This provides that it is an offence to intentionally or recklessly engage in conduct which creates a substantial risk of death or serious harm to another. The offence of endangerment carries a maximum penalty of seven years imprisonment.
An Garda Síochána has clear protocols in place in responding to report of any crime. Gardaí undertake comprehensive investigations into each case, including toxicology analysis where necessary, to determine the circumstances and nature of the incident. Where evidence indicates a criminal offence linked to suspected spiking, the investigation will be conducted by local Gardaí, supported by or working in conjunction with Divisional Protective Services Units.
An Garda Síochána takes all reports of spiking seriously and thoroughly investigates to determine the exact nature of each incident including results of toxicology reports in each case. I would advise any victims of similar incidents or any form of spiking to come forward and report to local Gardaí.
On the measures in place to ensure timely Garda statements and preservation of evidence where a victim is incapacitated, I’m informed that on receipt of a report of any crime, Gardaí are duty bound to gather and seize evidence at a crime scene.
Statements form part of the evidence gathering process and will be taken from injured parties at an appropriate time and will be taken in a timely manner by the investigating member or the Senior Investigating Officer, if it is an SIO led investigation.
Considerations such as the victim’s health and welfare, readiness and availability to provide a statement will be considered in preparing to take a statement of evidence.
Preliminary notes and details may however be taken from the injured party - and witnesses if available - at the earliest time possible to initiate the investigation with a view to the early gathering of evidence and identification of the suspect(s).
All victims of crime are dealt with by Gardaí in line with the Victims Charter (www.garda.ie/en/victim-services/garda-victim-service/victims-charter.pdf).
I am advised by the Garda authorities that the following publication on garda.ie may be of assistance: www.garda.ie/en/about-us/publications/general-reports/spiking-incidents-may-2024.pdf. It is an analysis of spiking incidents published in May 2024 which contains an overview of spiking incidents between 2010 and 2023.
Per the published data, the count of incidents reported throughout the country was 107 in 2022 and 52 in 2023. I’m informed by An Garda Síochana that the total for 2024 was 61 reported incidents and 58 for 2025, each of which was investigated.
I’m further informed that none of the counted incidents since 2022 resulted in a prosecution under the Non-Fatal Offences Against the Person Act 1997.
However, as per the published data, there have been 31 charges or summons in cases involving spiking incidents from 2010 up to the end of January 2024, relating to 12 unique incidents. These charges and summonses may be made in relation to the principal offence, for example, the sexual assault or assault causing harm, rather than for the spiking/poisoning element of the incident.
An Garda Síochána has advised that volumes were not sufficient to summarise beyond a regional breakdown. As per the published data, there were 38 incidents of spiking (16pc of overall) in the southern region between 2020 and 2023.
Court outcome data is a matter for the Courts Service. There is a dedicated email address for the provision of information to members of the Houses of the Oireachtas at: oireachtasenquiries@courts.ie.
